JB/054/025/001

Click Here To Edit

1824. Decr. 3.
Procedure Code

Art. 4. Means of communication: to wit as between
all persons and all things, communication between which communication
is necessary to execution, to execution: to the execution in the immediate and
of the judicial decree ordinary suit believe which it is becomes necessary to execution that
communication should shall have had place.

'

Art. 5. Not more necessarily to execution than to evidence,
is communication: in the case of execution
communication between the Judge and the parties at whose charge
the execution is performed, in the case of evidence, communication
between the Judge and the person who or thing which
is in each respective case the source of the evidence; of the evidence
in without which the decree for execution has its warrant efficient cause and
could whatsoever might be its efficient could have have a
justifying causes.

Hence the distinction between the efficient instrumenting justificative
cause of execution and the justificative efficient: evidence,
the justificative; communication, the efficient.

Art. 6. More strictly necessary to the production of the
effect is the efficient than the justificative; appropriate communication,
than appropriate evidence. Without Physical is the necessity
in the first case; no other than moral in the other.
Upon a party, whether on the defendants or the pursuers side at
whose charge a decree is issued execution can not have had
place unless except in so far as in some way or other a communication has
had place between that same party and the Judge. But the
what which is but too easy and too frequent is for execution of a Judge decree to
have place without evidence in any shape for the justification
of it: forasmuch as arbitrary law is but too easily exercised under the name of justice:
of it: and of this examples to no small extent will be brought
to view.

Identifier: | JB/054/025/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-12-03	Marginal Summary Numbering	107-110
Box	054	Main Headings	procedure code
Folio number	025	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c31 / c2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17544
Box Contents